afraid that the upstate commuters don't believe that there is air pollution upstate, even though they know there is here.

So far, there has been no action, and the air pollution control board secretary has told me that the State department of motor vehicles has not seen their way clear to picking this up even with respect to cars 4 years old and over, which still get some limited type of inspection by State-designated agencies.

Senator MUSKIE. Governor Brown of California feels, for this reason, that there ought to be national legislation requiring installation of the crankcase blow-type device in all used cars. Would you have an opinion on that at this point?

Commissioner BENLINE. Only in this connection: We would not have the crankcase legislation at all, the blow-type legislation, until Senator Ribicoff, who was then Secretary of Health, Education, and Welfare, threw the book at the industry and threatened what would happen if Federal legislation were enacted.

Up to that time, all we got was opposition from the industry, who didn't want to do it. Soon after Secretary Ribicoff let his feelings be known, the industry suddenly changed their tune and we got the crankcase device.

Senator MUSKIE. We are not dealing with the industry. We are dealing with the millions of individual owners, which makes it a little more difficult problem to deal with. This recommendation is before us, and I hope that it can be taken care of on the State level, but, if not, we may well have to consider national legislation.

On this question of controlling exhaust pollution in New York, or pollution from automobile exhausts, also, as you know, Commissioner Benline, there is legislation now which would authorize the California agency to require control devices for exhausts at such time as they can certify that two or more devices would work.

Would you think that this kind of legislation ought to be considered by State legislatures?

Commissioner BENLINE. This question has also been under discussion with the New York State Air Pollution Control Board. I think they feel strongly and have the same position as we do, but, in connection with your inference that the legislators don't like to legislate things which may have an application to an existing car owner, there has been no action.

There is an indication that these devices may eventually come in line when they meet the tests for performance, time and for cost. They don't have these standards at this time. I think once California-we are very happy to follow their lead.

If they can lead in this direction, we can pick it up. If they cannot, you and I know it is a State obligation.

Senator MUSKIE. Yes, I agree with that. Of course, it is one thing to deal with the problem on new cars. It is relatively easy, as a matter of fact, with new cars.

Then when you get to the old cars, you have not only political problems, but you have technological problems, when adopting these devices to all of the variations that you find of cars chugging along the highway.

Mavor Wagner, you made some reference to costs in installing air pollution control devices, particular, in industry. Now, as you know, I think you are aware of the proposal by Senator Ribicoff, which I cosponsored with many other Senators, to provide tax incentives to industry for the installation of these devices which are nonproductive, and which industry has no way of recouping the cost of from its customers.

The Senate adopted a modification of the Ribicoff amendment during the tax relief bill which was just passed to provide an additional investment credit of 7 percent. I am talking of the other investement credit of 7 percent.

On air and water pollution control devices, is this the sort of thing which you think might be useful in meeting this problem?

Mayor WAGNER. It certainly would be helpful, yes.

Senator MUSKIE. I think we are going to have to find some way of helping those who would have to bear the costs of that.

There are a number of other points in your statement, Mayor Wagner, that could bear emphasis and reemphasis on my part. I think that we will do so in the course of the hearing today. But I don't feel like taking any more of your time now. We have to get on to a long list of witnesses.

So, may I say, again, on behalf of myself, the subcommittee, and of the citizens to whom this problem is a source of concern, I am most appreciative of your interest in coming here and giving us such an excellent statement.

Mayor WAGNER. Thank you very much. I am glad to welcome you here. It has been a long time since I have sat down here and looked at the chair where I usually sit and preside.

Senator MUSKIE. I will say to you this: That a Senator is not accustomed to sitting behind a bench, if this is what it is [indicating].

Mayor WAGNER. We are glad to have you.

Senator MUSKIE. Now, on to our other witnesses, who are members of a panel. In the course of the day we are going to have three panels of witnesses, because we think that by gathering two or three people together on the subject, we can get a better exchange of views.

As members of our first panel, may I ask the following to come forward : Mr. Alexander Rihm, Jr., executive secretary of the New York State Air Pollution Control Board, representing Dr. Hollis S. Ingraham; Dr. Roscoe P. Kandle, New Jersey State commissioner of health; Mr. William R. Bradley, chairman of the New Jersey Air Pollution Commission; Mr. Michael J. Plishner, executive director of the Queensboro Tuberculosis & Health Association.

Our first witness is Mr. Rihm. But, before he begins we will take a 5-minute recess.

(Recess taken.)
Senator MUSKIE. The hearing will be in order.
Mr. Rihm, you may proceed with your statement.



Mr. RIHM. As you know, I am executive secretary of the air pollution control board, and I am appearing here on behalf of Dr. Ingraham, the chairman of the air pollution control board and State commissioner of health.

The New York State Air Pollution Control Act became law in 1957, after a 5-year study by the Joint Legislative Committee on Natural Resources. This act article 12-A of the public health law) created an air pollution control board within the State department of health. This board is composed of the commissioner of health as chairman, the commisioners of agriculture and markets, commerce, conservation, and labor, and four individuals appointed by the Gorernor representing, respectively, the engineering profession, the medical profession, industry, and local government.

Under the terms of the Air Pollution Control Act, the board is given powers

to (a) Formulate, adopt, and promulgate; amend and repeal codes and rules and regulations for controlling or prohibiting air pollution, and to include in any such code, rule, or regulation a general provision for controlling air contamination (a condition which may lead to air pollution) provided that such codes, rules, and regulations are based on technical studies and provided, furthermore, that public hearings be held prior to formal action by the board.

(6) Establish areas of the State and prescribe the degree of air pollution or air contamination that may be permitted in each.

(c) Hold public hearings, conduct investigations, compel the attendance of witnesses and do other things it may deem necessary in order that it may effectively discharge its code, rule, and regulation-making duties and responsibilities.

(d) Control and abate air pollution in accordance with any code, rule, or regulation which it promulgates.

(e) Compel the attendance of witnesses.

f) Make findings of fact and determinations. (9) Make, modify, or cancel orders which require the abatement of air pollution.

(h) Institute or cause to be instituted proceedings to compel compliance with the provisions of any code, rule, or regulation, or any determination or order which it may promulgate or issue. .

(i) Assess such penalties as are prescribed with respect to the violation of any provision of any code, rule, or regulation.

(j) Settle or compromise with the approval of the attorney general any action for the recovery of a penalty.

(k) Accept, or where deemed necessary, require the submission of plans.

(1) Enter and inspect any property, premise, or place; and stop, detain, and inspect any motor vehicle for the purpose of investigating either an actual or suspected source of air pollution or air contamination, or ascertaining compliance or noncompliance with any code, rule, or regulation.

(m) Receive and initiate complaints of air pollution or air contamination in alleged violation of any code, rule, or regulation and take action with respect thereto.

(n) Do such other things as it may deem necessary, proper, or desirable in order that it may enforce codes, rules, or regulations which have been promulgated.

In addition to the powers granted to the board under the terms of the Air Pollution Control Act, the board, under the provisions of the vehicle and traffic law, has further power to approve crankcase ventilation systems required, with few exceptions, on all motor vehicles registered in New York State and manufactured or assembled after June 30, 1963.

Under the terms of the New York State Air Pollution Control Act, the board must

(a) Prepare and develop a general comprehensive plan for the control or abatement of existing air pollution and for the control or prevention of any new air pollution recognizing varying requirements for different areas of the State.

(b) Encourage voluntary, cooperation by all persons in controlling air pollution and air contamination.

(c) Encourage the formulation and execution of plans by cooperative groups for the prevention and abatement of air pollution.

d) Cooperate with the appropriate agencies of the United States, other States or any interstate or international agencies with respect to the control of air pollution or for the formulation for the submission to the legislature of interstate air pollution control compacts or agreements.

(e) Conduct or cause to be conducted studies and research with respect to air pollution control, abatement, or prevention.

(f) Conduct and supervise programs of air pollution control education.

(9) Determine by means of field studies and sampling the degree of air pollution in New York State.

(h) Provide advisory technical consultation services to local communities.

(i) Develop and conduct demonstration programs in cooperation with local communities.

(j) Promote the establishment of local laboratory facilities, including essential instrumentation.

(k) Provide facilities and staff for training personnel of local communities in the principles of air sanitation.

(1) Serve as the agency of the State for the receipt of moneys from the Federal Government or other public or private agencies and to expend such moneys after appropriation thereof for the purpose of air pollution control studies or research.

Since 1957, under the terms of this act the New York State Air Pollution Control Board has developed a program which integrates with Federal and local programs.

In the field of research we are presently participating in a 5-year respiratory function-atmospheric pollution study in Erie County. This study is designed to determine changes in respiratory function resulting from varying levels of atmospheric contamination and is largely supported by Federal funds. However, our State board provided ail of the air sampling equipment and technical assistance in evaluating the air sampling data, partial laboratory support, and for a period of time, direct monetary support for the project.

We have conducted a great number of special studies related to specific sources of air contamination. One of these studies, related to the endurance characteristics of crankcase ventilation systems for internal combustion engines, was completed some time ago.

We have conducted a sociological study to measure the knowledge of, and attitudes toward, air pollution in one of the major counties in New York State. A followup study was supported by Public Health Service funds and the two studies are now being incorporated into one report which is presently ready for publication.

We have provided facilities and staff for training personnel. Literally hundreds of personnel of local air pollution agencies have been trained with funds provided under the State program. We have conducted training courses, for instance, on smoke control, combustion practices and atmospheric sampling. In addition, we have conducted innumerable orientation courses in air pollution. We have provided travel and subsistence funds for personnel of local agencies to attend courses in air pollution control at the Public Health Service Sanitary Engineering Center.

Under the provisions of section 608 of the public health law, reimbursement is granted to county and city health departments up to 75 percent of the first $100,000 expended and 50 percent of all money expended in excess of $100,000 during a fiscal year for general sanitation programs. Air pollution is recognized as an integral part of the sanitation program in the administration of this State aid provision. In addition, the law provides that 50 percent of the first $1 million expended during its fiscal year by a city of over 1 million population for air pollution control conducted by an agency or agencies other than the city health department shall be reimbursable from State funds. Under this provision the New York City Department of Air Pollution Control receives 50 percent of its support from State funds.

We have conducted an extensive public information program, employing qualified personnel for this activity. Our information program includes a bimonthly periodical entitled “Progress Report,” now in its fourth year of publication. We provide audiovisual services, maintain a technical library, and distribute miscellaneous pamphlets and materials, most of which are originated by the board. We make available daily pollen counts during the ragweed-pollen season. We are working in cooperation with the State education department to increase greater air pollution control education in primary and secondary school programs. Last year more than two thousand posters were distributed during an anti-leaf-burning campaign. We have utilized traveling exhibits and portable exhibits to bring the story of air pollution and its control to our citizens.

Since 1958 we have been operating a State sampling network integrated with the Federal sampling network. The 15-station State air sampling network forms only a part of the total sampling activities being carried on in New York State, but it is important to note that the results are routinely being provided to the Federal program. I must point out that much of the analytical work concerned with our State air sampling network up until this year was performed in the laboratories at Cincinnati in accordance with a cooperative agreement. We are now performing all of this analytical work ourselves. In addition to the State sampling network, approximately 145 other sampling stations, 44 of which are for pollen only, were operated during the last calendar year. The support for this sampling is provided by State or local laboratories.

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